ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN NIGERIA: LEGAL OFFICERS OTHER THAN JUDGES AND MAGISTRATES

TOPIC OF THE DAY

- ATTORNEY GENERAL

- SOLICITOR GENERAL

- DIRECTOR OF PUBLIC PROSECUTION

- REGISTRAR

- LEGAL PRACTITIONERS

- THE NIGERIAN POLICE

- THE PRISONS

Attorney General

The position and functions of the Attorney General are outlined in Section 150 of the 1999 Constitution of Nigeria as the chief law officer of the Federation and the head of the Ministry of Justice. The AG's responsibilities include representing the government in legal matters, advising the President and the government on legal issues, overseeing the administration of justice, and ensuring the enforcement of law and order. See section 174 of the Constitution which provides that the AG has the power to initiate, take over, and discontinue criminal prosecutions. See also the case of State v. Ilori (1983) where the Supreme Court of Nigeria emphasized the discretionary power of the Attorney General in prosecutorial matters, underscoring that such discretion must be exercised in the interest of justice and not arbitrarily.

Solicitor General

The Solicitor General acts as the deputy to the Attorney General and assists in carrying out the duties of the AG. The Solicitor General often takes on the responsibilities of the AG in their absence and plays a crucial role in the formulation of legal policies, advising government ministries, and representing the government in legal proceedings. The Solicitor General assists in the preparation of legal opinions, drafting of legislation, and oversight of legal officers.

Director of Public Prosecution (DPP)

The Director of Public Prosecution (DPP) is responsible for the institution and conduct of criminal prosecutions. The DPP operates under the authority of the Attorney General and plays a key role in the criminal justice system by ensuring that offenders are prosecuted in accordance with the law. See the case of FRN v. Osahon (2006) where the Supreme Court held that the DPP has the authority to prosecute criminal cases on behalf of the Federal Government and is not restricted to only prosecutions initiated by the police.

Registrar

The Registrar is an administrative officer in the judicial system responsible for the management of court records, processing of court documents, ensuring the smooth operation of court activities, maintaining court schedules, managing case files, and overseeing the issuance of court orders and judgments.. The Registrar also facilitates communication between the judiciary and the public.

Legal Practitioners

Legal practitioners in Nigeria, including lawyers, solicitors, and advocates, provide legal services, represent clients in legal proceedings, and offer legal advice. They play a crucial role in the administration of justice and the protection of legal rights. See The Legal Practitioners Act (LPA) which governs the practice of law in Nigeria and section 2 of the LPA which outlines the requirements for admission to the Nigerian Bar. See also the case of Nigerian Bar Association v. Kehinde (2007) where the court emphasized the importance of professional conduct and the disciplinary powers of the Nigerian Bar Association over its members.

The Nigerian Police

Section 214 of the 1999 Constitution establishes the Nigerian Police Force (NPF) and makes them responsible for maintaining law and order, preventing and investigating crimes, and enforcing laws while The Police Act outlines the powers and duties of the NPF.. The police play a crucial role in the criminal justice system by ensuring public safety and security. See the case of Osahon v. FRN (2006) where the Supreme Court affirmed that police officers have the authority to prosecute criminal cases before the courts, provided they are authorized to do so by the DPP.

The Prisons

The Nigerian Prisons Service (now known as the Nigerian Correctional Service) is responsible for the custody, care, and rehabilitation of offenders. The service aims to reform inmates and prepare them for reintegration into society. See The Nigerian Correctional Service Act 2019 that redefines the role and functions of the prison system in Nigeria which includes the safe custody of prisoners, provision of vocational training, and ensuring the rights and welfare of inmates are protected.